Youth Court Decisions How to Use Full list of key titles CYPFA section Date

Ministry of Transport v H (21 December 1989) YC, Hastings, CRN 922006469, Hole DCJ

Name: Ministry of Transport v H
Unreported
File number: CRN 922006469
Date: 21 December 1989
Court: Youth Court
Location: Hastings
Judge: Hole DCJ
Charge: Driving with breath or blood alcohol concentration over the legal limit
CYPFA: s4, s5, s208, s283(i)
Key Title: Orders - Disqualification from driving - s283(i), Principles

Summary: Conflict between Transport Act 1962 and CYPFA; Ministry of Transport v Jaggard (Unreported, 4 December 1989, CRN 9054004120) considered; principles of statutory interpretation discussed; Judge used general Youth Court sentencing principles from ss4, 5, 208 and 284 of CYPFA to surmise that the Court should assist resolution through family intervention and should pay close regard to FGC recommendations. In this case, FGC had recommended that prosecutions should be made in respect of the excess breath alcohol charge and its mandatory penalty and the family thought the court should impose a disqualification; thus power to impose the disqualification exists.

Decision: Suspended sentence, disqualified from holding or obtaining a motor drivers licence for 6 months. NOTE: s283(i) as discussed in this case was repealed and substituted on 1 April 1990.